Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices 18695 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3The Exchange submits that all incoming 

customer orders are represented in the ANTE 

Central Book, and if marketable, will be 

automatically executed subject to a number of 

limited exceptions. Orders that are otherwise 

eligible for automatic execution may not receive an 

automatic execution: (i) Whenever the Amex Best 

Bid or Offer (ABBO) crosses the National Best Bid 

or Offer (NBBO) and causes an inversion in the 

quote; or (ii) whenever a better bid or offer is being 

disseminated by another options exchange and the 

order is not eligible for automatic price matching. 

In addition, if quotes are deemed unreliable or the 

Exchange is experiencing communications or 

systems problems, non-firm markets or delays in 

the dissemination of quotes by the Options Price 

Reporting Authority, orders will not be 

automatically executed. In these limited cases, 

incoming customer orders will be routed to the 

ANTE Display Book for manual handling. 

4Exchange rules governing the operation of the 

Linkage Plan are set forth under Amex Rules 940 

through 945 and Amex Rule 941–ANTE. 

Management and Budget for extension 

and approval. 

Section 6 of the Securities Exchange 

Act of 1934 (15 U.S.C. 78a et seq.) sets 

out a framework for the registration and 

regulation of national securities 

exchanges. Under Commission Rule 6a–

3 (17 CFR 240.6a–3), one of the rules 

that implements Section 6, a national 

securities exchange (or an exchange 

exempted from registration as a national 

securities exchange based on limited 

trading volume) must provide certain 

supplemental information to the 

Commission, including any material 

(including notices, circulars, bulletins, 

lists, and periodicals) issued or made 

generally available to members of, or 

participants or subscribers to, the 

exchange. Rule 6a–3 also requires the 

exchanges to file monthly reports that 

set forth the volume and aggregate 

dollar amount of securities sold on the 

exchange each month. 

The information required to be filed 

with the Commission pursuant to Rule 

6a–3 is designed to enable the 

Commission to carry out its statutorily 

mandated oversight functions and to 

ensure that registered and exempt 

exchanges continue to be in compliance 

with the Act. 

The respondents to the collection of 

information are national securities 

exchanges and exchanges that are 

exempt from registration based on 

limited trading volume. 

The Commission estimates that each 

respondent makes approximately 25 

such filings on an annual basis at an 

average cost of approximately $21 per 

response. Currently, 12 respondents (ten 

national securities exchanges and two 

exempt exchanges) are subject to the 

collection of information requirements 

of Rule 6a–3. The Commission estimates 

that the total burden for all respondents 

is 150 hours (25 filings/respondent per 

year × 0.5 hours/filing × 12 respondents) 

and $6300 ($21/response × 25 

responses/respondent per year × 12 

respondents) per year. 

Written comments are invited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the proposed collection 

of information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted in 

writing within 60 days of this 

publication. 

Comments should be directed to: R. 

Corey Booth, Director/Chief Information 

Officer, Securities and Exchange 

Commission, c/o Shirley Martinson, 

6432 General Green Way, Alexandria, 

Virginia 22312 or send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted within 60 days of this 

notice. 

Dated: April 5, 2007. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–7006 Filed 4–12–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55583; File No. SR–Amex–

2006–107] 

Self-Regulatory Organizations; 

American Stock Exchange LLC; Notice 

of Filing of Proposed Rule Change and 

Amendment No. 1 Thereto Relating to 

Amex Book Clerks 

April 5, 2007. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on November 

14, 2006, the American Stock Exchange 

LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been substantially prepared by the 

Exchange. The Exchange filed 

Amendment No. 1 to the proposal on 

March 29, 2007. The Commission is 

publishing this notice to solicit 

comment on the proposed rule change, 

as amended, from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to eliminate 

the agency obligations of Exchange 

options specialists and establish Amex 

book clerks (‘‘ABCs’’). The text of the 

proposed rule change is available at 

Amex, the Commission’s Public 

Reference Room, and http:// 

www.amex.com. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

Amex included statements concerning 

the purpose of and basis for the 

proposed rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. The Exchange has 

prepared summaries, set forth in 

Sections A, B, and C below, of the most 

significant aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this proposed rule 

change is to eliminate the obligation and 

ability of an Exchange options specialist 

to act as an agent in connection with 

orders in his or her assigned options 

classes. This proposal would also 

permit the Exchange to designate 

Exchange employees or independent 

contractors to serve as ABCs, 

responsible for maintaining and 

operating the ANTE Central Book (i.e., 

the specialist’s customer limit order 

book) and the ANTE Display Book.3 The 

Exchange also seeks to amend certain 

Exchange rules relating to the operation 

of the Plan for the Purpose of Creating 

and Operating an Intermarket Option 

Linkage (‘‘Linkage Plan’’) to 

accommodate the implementation of 

pertinent ABC rules and other proposed 

rule changes described herein.4 Finally, 

this proposed rule change also would 

implement several other amendments to 

conform other Exchange rules to the 

proposal. The Exchange notes that the 

proposal substantially mirrors changes 

recently adopted by the Chicago Board 


pwalker on PROD1PC71 with NOTICES
18696 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices 

5See Securities Exchange Act Release No. 52798 

(November 18, 2005), 70 FR 71344 (November 28, 

2005). 

6See Amex Rule 950–ANTE(l), incorporating 

Amex Rule 170 to options transactions. 

7Proposed Amex Rule 950–ANTE(l), 

Commentary .01. 

8See Amex Rule 958A–ANTE(e). See also 

Securities Exchange Act Release No. 51062 (January 

21, 2005), 70 FR 4163 (January 28, 2005) (File No. 

SR–Amex–00–27). 

9The display obligation set forth in Amex Rule 

958A–ANTE(e), along with the exceptions set forth 

therein, would be moved to proposed Amex Rule 

995–ANTE. 

10A ‘‘Principal Acting as Agent (‘‘P/A’’) Order’’

is an order for the principal account of a specialist 

(or equivalent entity on another Participant 

Exchange under the Linkage Plan that is authorized 

to represent public customer orders), reflecting the 

terms of a related unexecuted public customer order 

for which the specialist is acting as agent. See 

Linkage Plan Section 2(16)(a). 

11See Amex Rule 940(b)(19). 

12See Linkage Plan Section 2(16)(a); see also 

Amex Rule 940(10)(i). 

Options Exchange to eliminate DPM 

agency responsibilities and establish 

PAR Officials.5 The following 

summarizes the effects this proposed 

rule change would have on existing 

Exchange rules. 

a. Agency Responsibilities 

Generally, Amex Rule 170 (applicable 

to options transactions by Amex Rule 

950–ANTE(l)) governs options 

specialists on the Exchange and 

describes the obligations imposed on an 

options specialist. These obligations 

include the general obligation, with 

respect to each of a specialist’s assigned 

options classes, to fulfill market-making 

obligations and provide functions of a 

floor broker (to the extent that the 

options specialist acts as a floor broker). 

Rule 170(b), in particular, describes the 

floor broker and agency functions that 

an options specialist is required to 

perform. As a condition of being 

registered as a specialist by the 

Exchange, options specialists are 

required to execute options orders on an 

agency basis for those classes of options 

assigned to them.6 Accordingly, all 

options specialists on the Amex 

presently act as both agent and principal 

for orders in their respective assigned 

options classes. The Exchange has now 

determined that it is in the best interest 

of the Exchange, its members, and 

investors to eliminate the agency 

obligation of options specialists. 

This rule change proposes to 

eliminate those provisions providing for 

the options specialist’s broker and 

agency functions and would provide 

that an options specialist ‘‘shall not 

execute orders as an agent or floor 

broker.’’ 7 Instead, the Exchange 

proposes to create a new category of 

market participant, the ABC, who will 

be responsible for maintaining and 

operating the customer limit order book. 

This responsibility would include 

handling and executing orders that are 

routed to the customer limit order book. 

The proposal would clarify that the 

specialists’ accounts shall continue to 

be used by the ABC to execute P/A and 

Satisfaction Orders routed to the 

Exchange and that the specialists shall 

continue to be liable for any charges 

incurred in relation to executing such 

orders. This change would afford 

options specialists the ability to 

concentrate their efforts exclusively on 

their market-making functions and 

would eliminate the potential conflicts 

associated with options specialists 

acting as both principal and agent with 

respect to orders they handle and trades 

they make as options specialists. 

The ABC would be an Exchange 

employee or independent contractor 

designated by the Exchange to be 

responsible for: (i) Maintaining and 

operating the customer limit order book 

for the assigned options classes; and (ii) 

effecting proper executions of orders 

placed in the customer order limit book. 

The ABC would be prohibited from 

having an affiliation with any member 

that is approved to act as a specialist, 

registered options trader (‘‘ROT’’), 

remote registered options trader 

(‘‘RROT’’) and supplemental registered 

options trader (‘‘SROT’’) on the 

Exchange. The Exchange believes that 

the responsibility for executing agency 

orders at trading posts should belong to 

the ABC, who has no interest that might 

conflict with the duties owed to the 

customer. Additionally, given that the 

increased reliance on electronic order 

execution has resulted in the virtual 

elimination of manual order handling, a 

vast majority of orders are currently 

never handled or seen by specialists. 

This trend effectively eliminates the 

need for specialists to act in an agency 

capacity and perform functions related 

thereto. 

b. Other Affected Rules 

The Exchange is proposing 

amendments to other Exchange rules to 

allow the Exchange to reassign agency 

responsibilities and obligations from the 

options specialist to the ABC, as 

detailed below. 

Display Obligation. Currently, under 

Amex Rule 958A–ANTE, an options 

specialist is required to immediately 

display the full price and size of any 

eligible customer limit orders when 

such orders represent buying or selling 

interest that is at a better price or size 

than the best disseminated Amex 

quote.8 Because the options specialist 

no longer would be operating the 

customer limit order book or executing 

orders as agent and since the vast 

majority of orders are currently either 

executed, displayed or booked 

immediately and without any input 

from a specialist, the Exchange proposes 

to shift the display obligation in its 

entirety from the options specialist to 

the ABC.9 Accordingly, the ABC would 

be required to maintain and keep active 

the Exchange’s automated customer 

limit order display facility in ANTE. 

Due Diligence Responsibility. Under 

the proposed rule, the ABC would be 

required to use due diligence to execute 

customer orders at the best prices 

available to him or her under the rules 

of the Exchange. 

Public Order Book Responsibilities. In 

addition to his or her responsibility for 

maintaining orders in the electronic 

customer order limit order book in 

ANTE, the ABC also would be 

prohibited from removing a booked 

public customer order unless the order 

is cancelled, expires, is transmitted in 

accordance with Intermarket Option 

Linkage (‘‘Linkage’’) obligations, or is 

executed. 

Linkage Obligations. As the options 

specialist would no longer be executing 

agency orders, this responsibility, and 

any associated Linkage obligations that 

previously were handled by the options 

specialist, would now fall upon the 

Exchange. As an employee (or 

independent contractor) of the 

Exchange, the ABC would be 

responsible for handling Linkage orders 

in the option classes appointed to him 

or her. Specifically, an ABC would have 

the means to: (1) Utilize an options 

specialist’s account to route Principal 

Acting as Agent (‘‘P/A’’) Orders 10 and 

Satisfaction Orders to away markets 

based on prior instructions that must be 

provided by the options specialist to the 

ABC, and (2) handle all Linkage orders 

or portions of Linkage orders received 

by the Exchange that are not 

automatically executed. The ABC also 

would have the means to utilize the 

options specialist’s account to fill 

Satisfaction Orders that result from a 

Trade Through 11 that the Exchange 

effects. Because the Linkage Plan 

requires that P/A Orders be submitted 

for the account of an eligible market 

maker,12 the ABC must be able to utilize 

the options specialist’s account to fulfill 

the Linkage obligations imposed by 

Amex rules. 

Amex Linkage Rules would be 

amended to require an options specialist 

to make available its account to the ABC 

for the purpose of enabling the ABC to 

satisfy certain Linkage-related 

obligations. Amex Linkage Rules also 

would be amended to obligate the 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices 18697 

13The Exchange intends to file with the 

Commission a request for an exemption from the 

requirements set forth in Rule 608(c) of Regulation 

NMS under the Act requiring the Exchange to 

comply with and enforce compliance by its 

members with certain provisions of the Linkage 

Plan that require eligible market makers (such as 

specialists and ROTs) through whom the P/A Order 

is routed to be functioning as the agent with respect 

to that order. This exemption would facilitate the 

establishment of ABCs and their handling of 

Linkage Orders. 14See Amex Rule 951–ANTE, Commentary .01. 

options specialist to provide the ABC 

with prior written instructions for 

routing P/A Orders, and Satisfaction 

Orders to other markets.13 Since orders 

routed pursuant to the Linkage can be 

configured in numerous ways, these 

written instructions would, with some 

degree of specificity (i.e., state whether 

the order should be routed 

automatically, the means through which 

the order should be routed, etc.), direct 

how the ABC should handle responses 

to Linkage Orders, as provided under 

proposed Amex Rule 995–ANTE, as 

well as detail the procedures the ABCs 

would be required to follow when 

utilizing the options specialists’

accounts. 

Finally, when handling outbound P/A 

Orders and Satisfaction Orders, the ABC 

shall use due diligence to execute the 

orders entrusted to him/her, act in 

accordance with the prior written 

instructions provided by the options 

specialist for P/A Orders and 

Satisfaction Orders that the ABC 

represents, and act in accordance with 

Amex rules regarding P/A and 

Satisfaction Orders received through the 

Linkage. 

Compensation of ABCs. As an 

Exchange employee or independent 

contractor, the ABC’s compensation 

would be determined and paid solely by 

the Amex. No options specialist, ROT, 

RROT or SROT would be permitted to 

directly or indirectly compensate or 

provide any other form of consideration 

to an ABC. 

Liability of the Exchange for Actions 

of ABCs. The Exchange’s liability for the 

actions of ABCs would be limited in the 

same manner as currently provided 

under existing Exchange rules, 

including (but not limited to) Article IV, 

Section 1(e) of the Amex Constitution 

(Exchange Liability) and Amex Rule 61 

(Exchange’s Costs of Defending Legal 

Proceedings). 

Firm Disseminated Market Quotes. 

Amex Rule 958A–ANTE currently 

provides that, in the case of an order 

received by the options specialist, the 

options specialist’s firm quote 

obligation attaches at the time the order 

is received by such specialist, regardless 

of whether the options specialist is 

actually aware of the order at that time. 

This provision is a direct consequence 

of the fact that the options specialists 

currently represent orders on the 

customer limit order book in an agency 

capacity from the moment such orders 

are received on the book. However, 

because the options specialist no longer 

would be operating the customer limit 

order book if the proposed rule change 

were approved, Amex Rule 958A–ANTE 

would be modified such that the firm 

quote obligation would attach, when an 

options specialist is the responsible 

broker or dealer, at the same time those 

obligations attach with respect to each 

other responsible broker or dealer—that 

is, when the order is announced to the 

trading crowd either via electronic 

display or by the ABC. 

Rules Relating to ANTE’s Automatic 

Execution Feature. Under established 

procedures set forth in Amex Rule 933–

ANTE (ANTE Automatic Matching and 

Execution of Options Orders), an order 

eligible for automatic matching and 

execution will not be automatically 

executed if the Amex disseminated 

quote is inferior to the NBBO by more 

than the price matching amount and 

instead is routed to the specialist for 

manual handling. On the assumption 

that the specialist would always be 

responsible for representing such orders 

as an agent, Commentary .01(b) provides 

for automatic price matching series that 

‘‘[i]f the Exchange’s best bid or offer is 

inferior to the NBBO displayed by 

another options exchange by more than 

the price matching amount, the order 

will be routed to the specialist and not 

automatically executed.’’ In addition, 

this Commentary also provides that if a 

customer order exceeds the established 

order size parameter, it will be routed to 

the specialist and not automatically 

executed. However, because the 

Exchange has set the order size 

parameter to 25,001 contracts, orders 

should rarely exceed the established 

order size parameter, and therefore, 

would not be routed to the specialist for 

manual handling. Similarly, for 

automatic price improvement series, 

Commentary .01(c) provides that a 

‘‘customer order that exceeds the 

established order size parameter will be 

either automatically executed at the 

Exchange’s best bid or offer if it is 

within the automatic matching and 

execution order size parameters * * *, 

or it will be routed to the specialist and 

not automatically executed.’’

Commentary .01(e) to Amex Rule 

933–ANTE further provides instances in 

which an order is re-routed to the 

specialist and not automatically 

executed. These situations are as 

follows: (i) Where the current best bid 

or offer for a series is crossed (e.g., 4.20 

bid, 4 asked) or locked (e.g., 4 bid, 4 

asked); 14 (ii) the specialist in 

conjunction with a Floor Governor or 

two Floor Officials determined quotes in 

such options or options exchange(s) are 

not reliable; or (iii) the Exchange is 

experiencing communications or 

systems problems, non-firm markets or 

delays in the dissemination of quotes by 

the Options Price Reporting Authority. 

In order to make Amex Rule 933–

ANTE consistent with the proposal, 

Commentary .01(b), (c) and (e) to Amex 

Rule 933–ANTE would be revised to 

provide that an order that is not 

automatically executed will be routed to 

the ABC rather than the specialist. 

Duty To Report Unusual Activity. 

Amex Rule 958A–ANTE also will 

require the ABC, as well as the 

specialist, to report to a Floor Official 

any unusual activity, transactions, or 

price changes or other unusual market 

conditions or circumstances with 

respect to the ABCs appointed option 

classes that may be detrimental to the 

maintenance of a fair and orderly 

market. 

General Options Specialist Rules. 

There are also other Exchange rules 

relating to options specialists that must 

be amended to reflect the fact that 

options specialists will not be operating 

the customer limit order book or 

executing orders as agent with respect to 

their allocated option classes. For 

example, Amex Rule 154 states, ‘‘[n]o 

member or member organization shall 

place with a specialist, acting as broker, 

any order to effect on the Exchange any 

transaction except at the market or at a 

limited price.’’ The proposal would 

amend Amex Rule 950–ANTE(f) 

(incorporating Amex Rule 154 to 

options transactions) to state that 

Exchange specialists are prohibited from 

acting as a floor broker or in an agency 

capacity in connection with orders in 

his or her assigned options classes. 

Therefore, the proposal will require 

members to use an independent floor 

broker or book orders with the ABC 

when warranted. Rule 950–ANTE(f) 

would also be amended to make clear 

that ABCs, not options specialists, 

would accept stop, stop limit, spread or 

straddle orders. Additionally, Amex 

Rule 155 discusses the precedence 

specialists are to assign to orders 

entrusted to them as agents. The 

proposal would amend Amex Rule 950–

ANTE(a) (incorporating Amex Rule 155 

to options transactions) to impose the 

precedence requirement on ABCs in the 

case of options transactions. Finally, 

Amex Rule 177 requires all specialists 

to report certain activities or 


pwalker on PROD1PC71 with NOTICES
18698 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices 

15 15 U.S.C. 78f(b). 

16 15 U.S.C. 78f(b)(5). 

17 17 CFR 200.30–3(a)(12). 

1 15 U.S.C.78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4 15 U.S.C. 78s(b)(3)(A)(iii). 

5 17 CFR 240.19b–4(f)(6). 

information to a Floor Official. The 

proposal would amend Amex Rule 950–

ANTE(a) (incorporating Rule 177 to 

options) obligating the ABC, as well as 

an options specialist, to report to a Floor 

Official those activities and such 

information as delineated in Amex Rule 

177. 

c. Implementation 

Finally, to ensure a smooth and 

orderly transition of the responsibility 

for operating customer limit order book 

and executing agency orders from 

options specialists to ABCs, the 

Exchange proposes to implement this 

rule change to all applicable trading 

posts over a 180-day period from the 

effective date of this rule change. During 

this 180-day transition period, any 

options specialist who continues to 

operate the customer limit order book 

would continue to be subject to the 

same agency obligations as currently 

provided under Amex Rules 950–

ANTE(l) and 958A–ANTE(e), except 

that, upon the approval of this proposal, 

these prior obligations instead would be 

reflected in a Regulatory Circular during 

the 180-day transition period. 

2. Statutory Basis 

Amex believes the proposed rule 

change is consistent with Section 6(b) of 

the Act 15 in general and furthers the 

objectives of Section 6(b)(5) of the Act 16

in particular in that it is designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in regulating, clearing, 

settling, processing information with 

respect to, and facilitating transactions 

in securities, to remove impediments to 

and perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest; and is 

not designed to permit unfair 

discrimination between customers, 

issuers, brokers, or dealers, or to 

regulate by virtue of any authority 

conferred by the Act matters not related 

to the purpose of the Act or the 

administration of the Exchange. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange believes that this 

proposed rule change would not impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

As the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding, or 

(ii) as to which the Exchange consents, 

the Commission will: 

(A) By order approve the proposed 

rule change, or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to 

rule-comments@sec.gov. Please include 

File Number SR–Amex–2006–107 on 

the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–Amex–2006–107. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room. Copies of the filing also will be 

available for inspection and copying at 

the principal office of the Exchange. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–Amex–2006–107 and 

should be submitted on or before May 

4, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.17

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–6960 Filed 4–12–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55602; File No. SR–Amex–

2007–33] 

Self-Regulatory Organizations; 

American Stock Exchange LLC; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change Relating to 

the Extension of the Allocation and 

Performance Evaluation Procedures 

for Securities Admitted to Dealings on 

an Unlisted Basis 

April 9, 2007. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that on April 3, 

2007, the American Stock Exchange LLC 

(the ‘‘Amex’’ or ‘‘Exchange’’), filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been substantially prepared by 

Exchange. The Exchange has designated 

this proposal as non-controversial under 

Section 19(b)(3)(A)(iii) of the Act 4 and 

Rule 19b–4(f)(6) thereunder,5 which 

renders the proposed rule change 

effective upon filing with the 

Commission. The Commission is 

publishing this notice to solicit 


pwalker on PROD1PC71 with NOTICES